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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel. 27, 29 (1959).

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. ” 286 A.3d 3d at 1201. New Hampshire employs the same general rule.)

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Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. « Louisiana does not give res judicata effect to an unconfirmed arbitration award | Main. | Federal Court dismisses subs claim against GC because of arbitration provision. The Subcontract incorporated the terms and conditions of the Prime Contract by reference.

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Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. « Seventh Circuit addresses duties of construction manager to injured worker; analysis of Local Rule 56.1 | Main. Goodman has also worked on appeals and appeared before appellate courts. Copyright Notice. Copyright 2005-2012 Sabo & Zahn, all rights reserved. Disclaimer.

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. « Florida court holds that statute of limitations does not apply to certain arbitrations | Main. " The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect. Copyright Notice. Disclaimer.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. « Liability for green design | Main. The owner had hired a general contractor who, in turn, had subcontracted some of the work. Goodman has also worked on appeals and appeared before appellate courts. Copyright Notice. Disclaimer. University of St.

Lien 40
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Non-signatory bound by agreement to arbitrate

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. « Florida Supreme Court follows Texas Lamar Homes | Main. In this case, SIB claimed benefits under a contract between Hansen and a third party. When Hansen terminated the subcontract, the distribution right was affected and SIB sued Hansen. Copyright Notice.